Bill S5305-2011

Creates an exemption from civil liability for any person who renders emergency medical care during a state declaration of disaster emergency

Creates an exemption from civil liability for causing the death or injury of any person, or damage to any property, for any person who renders emergency medical care during a state declaration of disaster emergency.

Memo

An act to amend the executive law, in relation to providing an exemption from civil liability for any person who renders emergency medical care during a state declaration of disaster emergency

PURPOSE:

To provide that any person, firm or corporation that is contracted by the state or any political subdivision of this state be exempt from civil liability in the performance of their duties during a state disaster emergency, except in cases that involve gross negligence or willful misconduct.

SUMMARY OF PROVISIONS:

This bill would amend section 28 of the executive law to provide that any person, firm or corporation that is contracted by the state or any political subdivision of this state be exempt from civil liability in the performance of their duties during a state disaster emergency, except in cases that involve gross negligence or willful misconduct.

JUSTIFICATION:

Providing immunity of civil liability to first responders and those that are contracted by the state, or any municipality within, to respond or mitigate a disaster is an essential component to emergency response and disaster preparedness in New York.

For example, Adelphi University offered Nassau County its campus as a site for an emergency pharmaceutical distribution center in the event of a pandemic or a bioterror attack. However, Nassau County could not provide a liability exemption for the university because Nassau County would not assure liability on behalf of the university. Adelphi could not come to an agreement with Nassau County to allow this point of distribution center on the campus.

This legislation does not extend immunity in the event of willful misconduct or gross negligence or from events arising out of the operation of motor vehicles. This legislation will provide our first responders and partners in disaster response with the peace of mind that they can perform their duties without the worry that they will be held responsible for unfortunate circumstances far beyond their control.

LEGISLATIVE HISTORY:

2006 - S.6914A (similar) Passed Senate

FISCAL IMPLICATIONS:

None Noted.

EFFECTIVE DATE:

This act shall take effect immediately.

Text

STATE OF NEW YORK
________________________________________________________________________
5305
2011-2012 Regular Sessions
IN SENATE
May 3, 2011
___________

Introduced by Sen. BALL -- read twice and ordered printed, and when
printed to be committed to the Committee on Veterans, Homeland Securi-
ty and Military Affairs
AN ACT to amend the executive law, in relation to providing an exemption
from civil liability for any person who renders emergency medical care
during a state declaration of disaster emergency
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 28 of the executive law is amended by adding two
new subdivisions 5 and 6 to read as follows:
5. DURING A STATE DISASTER EMERGENCY, ANY PRIVATE PERSON, FIRM OR
CORPORATION, AND THE EMPLOYEES AND AGENTS OF SUCH PERSON, FIRM OR CORPO-
RATION, IN THE PERFORMANCE OF A CONTRACT RELATED TO SUCH EMERGENCY WITH
AND UNDER THE DIRECTION OF THE STATE OR ITS POLITICAL SUBDIVISIONS UNDER
THE PROVISIONS OF THIS ARTICLE SHALL NOT BE CIVILLY LIABLE FOR CAUSING
THE DEATH OR INJURY OF ANY PERSON, OR DAMAGE TO ANY PROPERTY EXCEPT IN
THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. NOTHING IN THIS
SUBDIVISION SHALL BE DEEMED TO RELIEVE OR ALTER THE LIABILITY OF ANY
SUCH PRIVATE PERSON, FIRM OR CORPORATION OR THE EMPLOYEES AND AGENTS OF
SUCH PERSON, FIRM OR CORPORATION FOR DAMAGES OR INJURIES OR DEATH ARIS-
ING OUT OF THE OPERATION OF MOTOR VEHICLES.
6. DURING A STATE DISASTER EMERGENCY, ANY PRIVATE PERSON, FIRM OR
CORPORATION, AND THE EMPLOYEES AND AGENTS OF SUCH PERSON, FIRM OR CORPO-
RATION, WHO RENDERS ASSISTANCE OR ADVICE IN CONNECTION WITH SUCH EMER-
GENCY AT THE REQUEST OF THE STATE OR ITS POLITICAL SUBDIVISIONS UNDER
THE PROVISIONS OF THIS ARTICLE SHALL NOT BE CIVILLY LIABLE FOR CAUSING
THE DEATH OR INJURY OF ANY PERSON, OR DAMAGE TO ANY PROPERTY EXCEPT IN
THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. NOTHING IN THIS
SUBDIVISION SHALL BE DEEMED TO RELIEVE OR ALTER THE LIABILITY OF ANY
SUCH PRIVATE PERSON, FIRM OR CORPORATION OR THE EMPLOYEES AND AGENTS OF
SUCH PERSON, FIRM OR CORPORATION FOR DAMAGES OR INJURIES OR DEATH ARIS-
ING OUT OF THE OPERATION OF MOTOR VEHICLES.
S 2. This act shall take effect immediately.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05531-01-1

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